THE CHARACTER AND CONDUCT OF JAMES I. 283 



The profligate logic employed by this master of official responsibi- 

 lity in the following letter to the ting, and his disgusting indiffe- 

 rence to every principle of our free constitution, require all our re- 

 verence for his great name to keep us, in this instance, from execrat- 

 ing it. " Truly by this time the English law would have been made 

 a tradition," if there had not been a Coke to stand forth in defence of 

 it. "We did first find an encounter in the opinion of my Lord Coke, 

 who seemed to affirm that such particular, and, as he called it, auri- 

 cular, taking of opinions, was not according to the custom of this 

 realm ; and seemed to divine that his brethren would never do it. 

 But when I replied that it was our duty to pursue your majesty's 

 directions, and it were not amiss for his lordship to leave his bre- 

 thren to their own answers, it was so concluded ; and his lordship 

 did desire that I might confer with himself, and Mr. Serjeant Mon- 

 tague was named to speak with Mr. Justice Crook, Mr. Sergeant 

 Crewe with Justice Houghton, and Mr. Solicitor with Justice Dod- 

 dridge. This done, I took my fellows aside, and advised that they 

 should presently speak with the three judges before they could 

 speak with my Lord Coke, for doubt of infusion ; and that they 

 should not, in any case, make any doubt to the judges, as if they 

 mistrusted they would not deliver any opinion apart, but speak re- 

 solutely to them, and only make their coming to be to know what 

 time they would appoint to be attended with the papers. He 

 QCoke] moreover said, which I noted well, that his brethren were 

 wise men, and that they might make a show as if they would give 

 an opinion as was required, but the end would be that it would 

 come to this, they would say that they doubted of it ; and so, pray, 

 advise with the rest. But to this I answered that I was sorry to 

 hear him say so much, lest, if it came to pass, some that loved him 

 not might make a construction that that which he had foretold he 

 had wrought."* 



We must observe with concern, that the practice of converting 

 the judges into counsel for the crown, so detrimental to the free 

 uninfluenced and independent judgment of these high legal func- 

 tionaries, was not the point against which Coke remonstrated : but 

 it was the experiment of innovation in consulting them apart and 

 in private, which produced his raurmurings and complaints. And 



• Upon Peacham's frightful case, and the legal discussions it originated, 

 consult Lord Bacon's Works, vol. v., p. 33C, Dalrymple's Memorials ami Let- 

 ters relalinij to tl%e Reign of James I., vol. i., p. 62, 64, and Howell's Slate 

 Trials, vol. xi.,p. «70, «77. 



VOL. VII., NO. XXII. OO 



